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R-04-08-26-13D2 - 8/26/2004 RESOLUTION NO. R-04-08-26-13D2 WHEREAS, the City of Round Rock is mandated by V.T.C.A. , Tax Code §31 . 11 to refund, upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of its taxing unit, any overpayment or erroneous payment of taxes; and WHEREAS, if such amount exceeds $500 . 00, then the governing body of the taxing unit must also determine that the payment was erroneous or excessive and must approve the refund, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the following named taxpayer, H.E. Butt Grocery Co. has made an overpayment or erroneous payment of 2001, 2002, and 2003 taxes in the amount of $8, 030 . 02 ; that such amount is in excess of $500 . 00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that application for refund has been made to the Tax Collector by said taxpayers . The Council further finds and makes a determination that the payment was erroneous or excessive; and further approves such refund in the amount of $8, 030 . 02 . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R40826D2.WPD/sc RESOLVED this 26th day of August, 2004 . Wof LL, Mayor CundRock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretar 2 ROUND ROCK INDEPENDENT SCHOOL DISTRICT SCHOOL TAX OFFICE 1311 ROUND ROCK AVE. ROUND ROCK, TEXAS 78681 512-464-5120 DATE: July 28, 2004 TO: CITY OF ROUND ROCK SUBJECT: REFUND OF TAXES REFUND 4137 PROPERTY DESCRIPTION: ROUND ROCK CENTER SEC 1 LOT 1 ACCOUNT: 510400000001 TAXPAYER NAME: H E BUTT GROCERY CO YEAR: 2001 & 2002 REFUND AMT: $4,742.57 REASON FOR REFUND: AGREED JUDGEMENT VALUE CHANGE MAIL REFUND TO THE FOLLOWING: H E BUTT GROCERY CO PROPERTY TAX OFFICE P O BOX 839999 SAN ANTONIO TX 78283-3999 REQUESTED BY: . o FORREST C. CHILD JR., TAX COLLECTOR REVIEWED BY: DISTRICT AUDITOR APPROVED BY: BUDGET CODE: 1995 219985 `Williamson Countsisal District 510 W. 9`h Street Georgetown, Texas 78626 .�- (512) 930-3787—Austin Metro (512) 352-8542—Taylor Metro (512) 930-0391 —Facsimile Board of Directors Don Paull,Chairman Robert Tagge,Vice-Chairman Harry Gibbs,Secretary July 26, 2004 Deborah Hunt Brig Mireles Jim Nuse, City Manager City of Round Rock 221 E. Main Round Rock, Texas 78681 Bill Carroll,Chief Appraiser Re: Cause No: 01-423-C277; H E Butt Grocery Co. v. Williamson CAD billlc@wcad.org Dear Mr. Nuse: A settlement has been reached on the attached referenced lawsuit for the tax year 2001 and 2002. The settlement was the result of an Agreed Judgment between the District and the Plaintiff in this suit. (Please see attached Agreed Judgment.) If you have any questions, please feel free to call. With Kindest Regards, Ogee eaww& Bill Carroll Chief Appraiser BC/Idb Enclosure cc: Forrest Child, A/C NO. 01-423-C277 H E BUTT GROCERY CO., § IN THE DISTRICT COURT Plaintiff, § § VS. § WILLIAMSON COUNTY, TEXAS WILLIAMSON COUNTY APPRAISAL § DISTRICT, § Defendant. § 277TH JUDICIAL DISTRICT AGREED JUDGEMENT CAME ON TO BE HEARD H E Butt Grocery Co., Plaintiff herein, and Williamson County Appraisal District, Defendant herein, appearing by and through their respective attorneys of record, and announced to the Court that the parties herein desired to resolve and settle the matters in controversy, and avoid the trouble, expense and uncertainty of litigation, and have reached an agreement to that effect. Having heard these announcements and reviewed the evidence and arguments of counsel, the Court is of the opinion that such terms and conditions are well taken and should form the basis of judgment. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the following stipulations are agreed by the parties and entered by the Court as its judgment. 1. The undersigned parties agree and stipulate that bona fide disputes and controversies exist between the parties concerning the market or appraised value of the subject property. These stipulations are entered into by the parties soley for the purpose of compromising and settling their various claims, each as to the other. No other use of this Stipulation may be made RECEIVED JUL 2 1 2004 WILLIAMSON CAD by the parties hereto as concerns the claim of either party as to the other. whether having arisen in the past, now pending, or to arise in the future. including, without limitation, subsequent disputes as to the market or appraised value of the subject property within Defendant's appraisal jurisdiction in any subsequent years. This agreement is not intended by either party as an admission of the market value of the subject property, nor shall same be represented by either party as to the other as an admission. Further, the existence, terms, and contents of this Agreed Judgment shall not be admissible in any judicial or administrative proceeding as against either party except as may be necessary to enforce the terms and conditions of said judgment, either party as to the other. 2. Pursuant to Section 42.41 of the Texas Property Tax Code, Defendant, Williamson County Appraisal District shall revise the 2001 and 2002 appraisal roll to reflect the following appraised value: Account Number 2001 Appraised Value 2002 Appraised Value R071235 S 4,200,000 $ 5,200,000 3. The undersigned parties shall, as soon as possible following execution of this agreement, do, or cause their attorneys to do, whatever is reasonably necessary to effect this agreement, including compliance with the provisions of Sections 42.41 through 42.43 of the Texas Property Tax code. 4. The parties herein acknowledge that Section 42.43, Texas Tax Code, provides for payment of interest on any refund made as a result of a final RECEIVED JUL 2 12004 p-14LLIAMSON CA determination of an appeal which decreases a property owner's tax liability; however, Plaintiff hereby agrees to waive any such applicable right to receive interest on any such refund. 5. All costs and attorney fees are to be borne by the party incurring same. 6. All other relief not specifically granted herein is denied. 7. This judgment finally disposes of all claims of all parties. SIGNED this day of�004. JUDGE PRESIDING APPROVED AS TO FORM AND SUBSTANCE: POPP & IKARD, LLP 1301 S. Mopac, Suite 430 (78746) P. 0. Box 2242 Austin, Texas 78768 (512) 473-2661 (512) 479-80 , - Facsimile Raymon Gray State Bar No. 08138250 ATTORNEYS FOR PLAE TIF PERDUE BRANDON FIELDER COLLINS & MOTT, LLP 6300 La Calma, Suite 450 Austin, Texas 78752 (512) 302-0190 (512) 302-1802 - Facsimile /-4� lff,6ry Sandra Griffin State Bar No. 0 9 40 ATTORNEYS FOR DEFENDANT RECEIVED JUL 2 1 2004 ILLIAMSON CA[ - BONNIE J. WOLBRUECK, DISTRICT CLERK WILLIAMSON COUNTY, TEXAS P. O. BOX 24 GEORGETOWN, TEXAS 78627 � Williamson County Appraisal District C/o Bill Carroll Chief Appraiser ' 510 W 9th Street Georgetown, Tx 78626 NOTICE OF COURT ORDER CAUSE NUMBER: 01-423—C277 277TH JUDICIAL DISTRICl DATE ORDER SIGNED: 07-12-04 HE BUTT GROCERY CO VS. WILLIAMSON COUNTY APPRAISAL DISTRICT ' AGREED JUDGMENT AN ORDER AS ABOVE INDICATED HAS BEEN SIGNED BY THE JUDGE OF THE COURT AND FILED IN THE OFFICE OF THE DISTRICT CLERK. GRIFFIN, SANDRA BONNIE J. WOLBRUECK DISTRICT CLERK JULY 19TH, 2004 ��o�%:U�� , "~~��u~� - �~�� JUL2 0 2004 Williamson County Appraisal District Supplementary Change 2001 Entities: GWI, CRR, SRR, RFM Parcel/Record No: R-16-5104-0000-0001 (R071235) Name: H E BUTT GROCERY CO Address: PROPERTY TAX OFFICE Address: PO BOX 839999 City, State, ZIP: SAN ANTONIO, TX 78283-3999 Legal Description: ROUND ROCK CENTER SEC 1, LOT 1, ACRES 6.34 Situs Address: 110 PALM VALLEY BLVD W Old Value New Value Personal Property Value: Improvement Non-Homesite Value: 3,864,802::';:;:::: 2,722,802 Improvement Homesite Value: Land Non-Homesite Value: 1,477,198:::`;:: 1,477,198 Land Homesite Value: Ag Market Value: Ag Use: Total Appraised Value: 5,342,000::;:::: 4,200,000 Non-Taxed Exempt: Homestead: Over 65: Disabled Veterans: Homestead Disability: Total Taxable Value: 5,342,000........:.. 4,200,000 Frozen Tax: Year: Amount: Reason for Changes Value change per Agreed Value Judgment signed 7/12/04 Wm. T. Carroll, Chief Appraiser Date: 07/26/04 Appraiser: Date: Supplement# - Williamson County J��K��^��U K�^�t�z� ° "� _ '--'-' Supplementary Change 2002 Entities: GVV| CRR SRR RRN VVOQ Parcel/Record No: R-1 6-5104-0000-0001 (R071235) Name: H E BUTT GROCERY CO Address: PROPERTY TAX OFFICE ' Address: PO BOX 839999 City, State,ZIP: SAN ANTONIO, TX 78283-3999 Legal Description: ROUND ROCK CENTER GEC 1 LOT 1 ACRES 6.34 Situs Address: 110 PALM VALLEY BLVD VV Old Value New Value Personal Property Value: Improvement Non-Homesite Value: 4,033,885-....., 3,722,802 Improvement Homesite Value: Land Homesite Value: Ag Market Value: Ag Use: Total Appraised Value: 5,511,083 5,200,000 Non-Taxed Exempt: Over 65: Disabled Veterans: Homestead Disability: Frozen Tax: Year: Amount: Reason for Changes Value change Agreed ValJudgment signed7/12/O4 Wm. T' Carroll, Chief Appno|se Date: 07/26/04 Appraiser: Date: Supp|enment# ROUND ROCK INDEPENDENT SCHOOL DISTRICT SCHOOL TAX OFFICE 1311 ROUND ROCK AVE. ROUND ROCK, TEXAS 78681 512-464-5120 DATE: July 27, 2004 TO: CITY OF ROUND ROCK SUBJECT: REFUND OF TAXES PROPERTY DESCRIPTION: ROUND ROCK CENTER SEC 1 LOT 1 ACCOUNT: 510400000001 TAXPAYER NAME: H E BUTT GROCERY CO YEAR: 2003 REFUND AMT: $3,287.45 REASON FOR REFUND: AGREED JUDGEMENT VALUE CHANGE MAIL REFUND TO THE FOLLOWING: H E BUTT GROCERY CO PROPERTY TAX OFFICE P O BOX 839999 SAN ANTONIO TX 78283-3999 REQUESTED BY: FORREST C. CHILD JR., TAX COLLECTOR REVIEWED BY: DISTRICT AUDITOR APPROVED BY: BUDGET CODE: 1995 219985 Wiffianuon Countq Appraisal District 510W. 9'h Street ='. = Georgetown, Texas 78626 (512) 930-3787—Austin Metro .. (512) 352-8542—Taylor Metro (512) 930-0391 —Facsimile .i Board of Directors Don Paull,Chairman Robert Tagge,Vice-Chairman Harry Gibbs,Secretary June 29, 2004 Deborah Hunt Brig Mireles Jim Nuse, City Manager City of Round Rock 221 E. Main Round Rock, Texas 78681 Bill Carroll,Chief Appraiser Re: Cause No: 03-603-C26; H E Butt Grocery Co. v. Williamson CAD billlc@wcad.org Dear Mr. Nuse: A settlement has been reached on the attached referenced lawsuit for the tax year 2003. The settlement was the result of an Agreed Judgment between the District and the Plaintiff in this suit. (Please see attached Agreed Judgment.) If you have any questions, please feel free to call. With Kindest Regards, 6W e"'To& Bill Carroll Chief Appraiser BC/Idb Enclosure cc: Forrest Child, A/C 0. COPY NO. 03-603-C26 H E BUTT GROCERY CO., § IN THE DISTRICT COURT Plaintiff, § vs. § WILLIAMSON COUNTY, TEXAS WILLIAMSON COUNTY APPRAISAL § DISTRICT, § Defendant. § 26TH JUDICIAL DISTRICT AGREED JUDGEMENT CAME ON TO BE HEARD H E Butt Grocery Co., Plaintiff herein, and Williamson County Appraisal District, Defendant herein, appearing by and through their respective attorneys of record, and announced to the Court that the parties herein desired to resolve and settle the matters in controversy, and avoid the trouble, expense and uncertainty of litigation, and have reached an agreement to that effect. Having heard these announcements and reviewed the evidence and arguments of counsel, the Court is of the opinion that such terms and conditions are well taken and should form the basis of judgment. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the following stipulations are agreed by the parties and entered by the Court as its judgment. 1. The undersigned parties agree and stipulate that bona fide disputes and F controversies exist between the parties concerning the market or appraised value of the subject property. These stipulations are entered into by the parties soley for the purpose of compromising and settling their various claims, each as to the other. No other use of this Stipulation aMl RECEIVED 3t�o'clovk— h JUN 2 4 2004 JUN 3 2004 /� WILLIAMSON CAD I .��,. by the parties hereto as concerns the claim of either party as to the other. whether having arisen in the past, now pending, or to arise in the future, including, without limitation, subsequent disputes as to the market or appraised value of the subject property within Defendant's appraisal jurisdiction in any subsequent years. This agreement is not intended by either party as an admission of the market value of the subject property, nor shall same be represented by either party as to the other as an admission. Further, the existence, terms, and contents of this Agreed Judgment shall not be admissible in any judicial or administrative proceeding as against either party except as may be necessary to enforce the terms and conditions of said judgment, either party as to the other. 2. Pursuant to Section 42.41 of the Texas Property Tax Code, Defendant, Williamson County Appraisal District shall revise the 2003 appraisal roll to reflect the following appraised value: Account Number 2003 Appraised Value R071235 $ 5,600,000 3. The undersigned parties shall, as soon as possible following execution of this agreement, do, or cause their attorneys to do, whatever is reasonably necessary to effect this agreement, including compliance with the provisions of Sections 42.41 through 42.43 of the Texas Property Tax code. 4. The parties herein acknowledge that Section 42.43, Texas Tax Code, provides for payment of interest on any refund made as a result of a final RECEIVED JUN 2 4 2004 WILLIAMSON CACI determination of an appeal which decreases a property owner's tax liability; however, Plaintiff hereby agrees to waive any such applicable right to receive interest on any such refund. 5. All costs and attorney fees are to be borne by the party incurring same. 6. All other relief not specifically granted herein is denied. 7. This judgment finally disposes of all claims of all parties. SIGNED this S day oaf ;!i004. C, lie .0JUDGE PRESIDING 0 APPROVED AS TO FORM AND SUBSTANCE: POPP & IKARD, LLP - 1301 S. Mopac, Suite 430 (78746) P. O. Box 2242 Austin, Texas 78768 (512) 473-2661 479- 1 Raymond Gray State Bar No. 08 13 8250 ATTORNEYS FOR PLAINTIFF PERDUE BRANDON FIELDER COLLINS & MOTT, LLP 6300 La Calma, Suite 450 Austin, Texas 78752 ' (512) 302-0190 (512) 302-1802 Sandra Griffin ��® State Bar No. 0 91280 ATTORNEYS FOR DEFENDANT JUN 2 4 2004 WILLIAMSON CAD BONNIE J. WOLBRUECK, DISTRICT CLERK. WILLIAMSON COUNTY, TEXAS P. O. BOX 24 GEORGETOWN, TEXAS 78627 Williamson County Appraisal District 510 West 9th Street Georgetown, Tx NOTICE OF COURT ORDER CAUSE NUMBER: 03-603—C26 26TH JUDICIAL DISTRICT DATE ORDER SIGNED: 6/1/04 H. E. BUTT GROCERY CO. Vs. WILLIAMSON COUNTY APPRAISAL DISTRICT AGREED JUDGMENT AN ORDER AS ABOVE INDICATED HAS BEEN SIGNED BY THE JUDGE OF THE COURT AND FILED IN THE OFFICE OF THE DISTRICT CLERK. GRIFFIN, SANDRA BONNIE J. WOLBRUECK 6300 LA CALMA DR. , STE. 450 DISTRICT CLERK. Austin, Tx. 78752 JUNE 14TH, 2004 r RECEIVED JUN 2 3 2004 WILLIAMSON CAIS Williamson County Appraisal District Supplementary Change 2003 Entities: GWI, CRR, SRR, RFM, W09 Parcel/Record No: R-16-5104-0000-0001 (R071235) Name: H E BUTT GROCERY CO Address: PROPERTY TAX OFFICE Address: PO BOX 839999 City, State,ZIP: SAN ANTONIO, TX 78283-3999 Legal Description: ROUND ROCK CENTER SEC 1, LOT 1, ACRES 6.34 Situs Address: 110 PALM VALLEY BLVD W Old Value New Value Personal Property Value: Improvement Non-Homesite Value: 5,139,611€ ;;€€i 4,219,150 Improvement Homesite Value: Land Non-Homesite Value: 1,380,850 1,380,850 Land Homesite Value: Ag Market Value: Ag Use: Total Appraised Value: 6,520,461 ...."... 5,600,000 Non-Taxed Exempt: Homestead: Over 65: Disabled Veterans: Homestead Disability: Total Taxable Value: 6,520,461 5,600,000 Frozen Tax: Year: ....-Amount: Reason for Changes Value change per AgLQed Judgment signed 6/1/04 991 /V Wm. T. Carroll, Chief Appraiser Date: 06/29/04 Appraiser: Date: Supplement# DATE: August 20, 2004 SUBJECT: City Council Meeting - August 26, 2004 ITEM: *13.D.2. Consider a resolution authorizing property tax refunds to H. E. Butt Grocery Co. for 2001, 2002, and 2003 taxes totaling $8,030.02. Department: Finance Department Staff Person: Cindy Demers, Finance Director Justification: State law requires that property tax refunds in excess of $500 be approved by the governing body. This refund is the result of agreed judgments approved by the appraisal district reducing the taxable values on the 2001, 2002, and 2003 tax rolls. Funding• Cost: $8,030.02 Source of funds: General and Debt Service Operating Budgets Outside Resources: N/A Background Information: Required process set by law. Public Comment: N/A